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ACOSTA v. CITY OF COSTA MESA

No. 10-56854.

718 F.3d 800 (2013)

Benito ACOSTA, Plaintiff-Appellant, v. CITY OF COSTA MESA; Allan Mansoor, Mayor of the City of Costa Mesa, in his official and individual capacities, Defendants-Appellees, John Hensley, Chief of Police, Costa Mesa Police Department; David Andersen; David DeHuff; John Doezie; Bryan Glass; Daniel Guth; David Makiyama; Jeff Tobin; Derek Trusk; in their official and individual capacities, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed May 3, 2013.

Attorney(s) appearing for the Case

Belinda E. Helzer (argued), ACLU Foundation of Southern California, Orange, CA; Hector O. Villagra and Peter J. Eliasberg , ACLU Foundation of Southern California, Los Angeles, CA, for Plaintiff-Appellant.

M. Lois Boback (argued) and Daniel K. Spradlin , Woodruff, Spradlin & Smart, APC, Costa Mesa, CA, for Defendants-Appellees.

Before: RICHARD C. TALLMAN and N. RANDY SMITH, Circuit Judges, and DEE V. BENSON, District Judge.

OPINION

PER CURIAM:

Costa Mesa Municipal Code § 2-61 makes it a misdemeanor for members of the public who speak at City Council meetings to engage in "disorderly, insolent, or disruptive behavior." Benito Acosta ("Acosta") was removed from the Costa Mesa City Council meeting for an alleged violation of the ordinance. Acosta appeals the district court's dismissal of his First Amendment facial challenge to the ordinance. He also appeals the district court...

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